Majority
p. 924William C. Gray, as Permanent Receiver of Rochester, Corning, Elmira Traction Company, Appellant, v. Otto C. Heinze and Others, Respondents.
Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented upon the ground that there was a misappropriation of the funds of the railroad company by the defendants Heinze and Schultze, and that the other defendants knew or in the exercise of reasonably active discharge of their duties should have knowledge of such wrongful use and have prevented the same.